Subject to the limitations and conditions set forth in these Terms, You may use the Service to create designs (the "Content") and review designs through your web browser.
SoftPlan requires that you create an account in order to access the Service. The information which you create will be saved under this account.
SoftPlan may from time to time at its sole discretion undertake any or all of the following tasks.
i modify, add or remove features from the Service
ii change or control the method of accessing the Service
iii discontinue the Service at any time
iv suspend Your access to the Service
SoftPlan may modify these Terms at any time by posting the revised Terms on the SoftPlan web site. You are responsible for regularly reviewing the most current version of these Terms, which is available online on the SoftPlan web site associated with the Service. If a modification is unacceptable to You, You must immediately stop using the Service. Your continued use of the Service after any such modification will constitute Your acceptance of such modification.
You acknowledge and agree that SoftPlan and its licensors own all right, title, and interest (including, without limitation, patents, copyrights, trademarks, trade secrets, and all other intellectual property rights) in and to the Service, and that except as expressly set forth in these Terms, You shall not acquire any right, title, or interest in or to the Service.
RESTRICTIONS ON USE OF SERVICE
You acknowledge and agree that You are solely responsible for all Content You create or submit using the Service and for Your conduct while using the Service. SoftPlan shall have no responsibility or liability for the deletion of or failure to store any Content, and SoftPlan reserves the right to delete inactive Content or purge Content from time to time.
You agree that You will use the Service for lawful purposes only, and that You will not use the Service in connection with the transmission, sale or promotion of any products or services that violate any laws or regulations applicable to You or SoftPlan.
YOU ACKNOWLEDGE AND AGREE THAT:
THE SERVICE AND ALL ASSOCIATED RESULTS ARE PROVIDED BY SoftPlan ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND.
SoftPlan MAKES NO WARRANTY THAT (i) THE SERVICE OR THE RESULTS THEREOF WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY INFORMATION OR MATERIAL OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA;
YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH THE SERVICE OR THE RESULTS IS TO CEASE USING THE SERVICE.
LIMITATION ON LIABILITY
IN NO EVENT SHALL SoftPlan HAVE ANY LIABILITY FOR ANY LOSS OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THE RESULTS THEREOF, INCLUDING DIRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OR DATA, BUSINESS INTERRUPTION, OR COST OF COVER. THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY TO ALL DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EVEN IF SoftPlan HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE.
RELEASE AND WAIVER
To the maximum extent permitted by applicable law, You hereby release and waive all claims against SoftPlan and the indemnities from any and all liability for claims, damages (direct and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service.
TERM AND TERMINATION
These Terms shall become effective on the date You install the Service. SoftPlan may terminate these Terms and/or Your use of the Service at any time, with or without notice. You may terminate these Terms at any time with or without notice. Upon any termination of these Terms for any reason, You must immediately cease using the Service.
These Terms shall be governed and construed in accordance with the laws of the State of Tennessee without regard to conflicts of law provisions.
If for any reason a court of competent jurisdiction finds any provision of these Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
BY INSTALLING THIS SOFTWARE PROGRAM YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND SOFTPLAN SYSTEMS INC. AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.